NSW calls for lesbian child support

NSW calls for lesbian child support

New South Wales Attorney-General John Hatzistergos has called for the Family Law Act to be amended by the Commonwealth to allow for child support to be payable by lesbian co-parents to their former partners.

Commonwealth Attorney-General Robert McClelland is considering the move.

Currently both lesbian and gay co-parents are not recognised under the Family Law Act or the Child Support (Assessment) Act. The only way for a gay or lesbian co-parent to obtain child support is to sue in the State courts, relying on equitable estoppel: “We said that we were going to have a child, and you have to pay”. This follows a New South Wales case, W v G (1996) where a lesbian couple split up, after having two planned children, the court ordering the co-parent to pay about $150,000 towards their upkeep.

Stephen Page, Harrington Family Lawyers, Brisbane spage@harringtonfamilylawyers.com 61(7) 3221 9544

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Surrogacy lawyer explains upcoming ALRC reports

Australia is approaching an important moment for family and fertility law. By the end of July 2026 and during August 2026, the Australian Law Reform Commission, or ALRC, is expected to deliver two major reports to Commonwealth Attorney General Michelle Rowland. One report will address surrogacy law. The other will examine Australia’s human tissue laws.… Read More »Surrogacy lawyer explains upcoming ALRC reports

Overseas surrogacy births now recognised in Australia

For years, the recognition of parents through overseas surrogacy has been unnecessarily uncertain. Australian intended parents could return home with a child, a foreign birth certificate and a foreign court order, yet still face questions about whether Australian law recognised them as parents. That position changed on 1 April 2025. It may be April Fool’s… Read More »Overseas surrogacy births now recognised in Australia

Do children have a say in parenting cases? Lawyer explains

In Australian parenting cases, children can have a say. That much is clear. But the more accurate answer is that yes, children’s views matter, but the weight given to those views depends on the individual child and the circumstances of the case. That is often where confusion starts. Many parents assume a child can simply… Read More »Do children have a say in parenting cases? Lawyer explains

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board